Sheldon Whitehouse on Government Reform

Democratic Jr Senator, previously attorney general

Overturn Citizens United; it undid 100 years of regulations

The moderator asked which Supreme Court ruling they would like to overturn. Hinckley said he was unhappy with the decision by Chief Justice John Roberts to not overturn the healthcare mandate included in President Obama's healthcare plan.

Whitehouse said he would like to overturn the Citizens United decision, which held that the First Amendment prohibited the government from restricting independent political expenditures by corporations and unions. "That ruling overturned
100 years of regulation in the elections world and unleashed billionaires and foreign corporations to have influence on our elections," Whitehouse said. "It's a prescription for scandal and disaster.

When asked who their favorite justices were, Hinckley said Clarence Thomas, Whitehouse said Justice Sonia Sotomayor.

Total ban on gifts from lobbyists

Q: Which one policy that could be passed tomorrow to clean up the corruption in DC would be most effective?

A: As a prosecutor, I’m committed to permanently ending Washington’s culture of corruption.
We need a total ban on gifts from lobbyists -- no gifts, no meals, no tickets, no nothing; an independent ethics commission with real teeth to enforce criminal penalties for violators; and real-time reporting of legislators meetings with lobbyists.

Source: RIfuture.org blog
, Sep 12, 2006

Stricter rules for lobbyists and ethics

Absolute power corrupts, they say - and today, the Republicans have complete control of the federal government. It’s one of the reasons you see so much scandal, so much influence-peddling and so much greed. Too many of them are driven by their next
election and lining their own pockets.

We can and must do better. We have to minimize the influence of the special interests and their 36,000 lobbyists in Washington. And we need to make it harder for our elected officials who violate the laws.
I have drafted a plan to reform the rules governing federal lobbyists, which include the following cornerstones:

Real Time Reporting of Meetings Legislators Have With Lobbyists

Close the Political Revolving Door - extend cooling off period up
to five years for staffers and members of Congress before becoming lobbyists

Voted YES on Congressional pay raise.

Congressional Summary:Makes appropriations to the Senate for FY2010 for:

expense allowances;

representation allowances for the Majority and Minority Leaders;

salaries of specified officers, employees, and committees (including the Committee on Appropriations);

agency contributions for employee benefits;

inquiries and investigations;

the Senate Caucus on International Narcotics Control;

the Offices of the Secretary and of the Sergeant at Arms and Doorkeeper of the Senate;

miscellaneous items;

the Senators' Official Personnel and Office Expense Account; and

official mail costs.

Amends the Legislative Branch Appropriation Act of 1968 to increase by $50,000 the gross compensation paid all employees in the office of a Senator. Increases by $96,000 per year the aggregate amount authorized for the offices of the Majority and Minority Whip.

Proponent's argument to vote Yes:Rep. WASSERMAN SCHULTZ (D, FL-20): We, as Members of
Congress, have responsibility not just for the institution, but for the staff that work for this institution, and to preserve the facilities that help support this institution. We have endeavored to do that responsibly, and I believe we have accomplished that goal.

Opponent's argument to vote No:Rep. SCALISE (R, LA-1): It's a sad day when someone attempts to cut spending in a bill that grows government by the size of 7%, and it's not allowed to be debated on this House floor. Some of their Members actually used the term "nonsense" and "foolishness" when describing our amendments to cut spending; they call that a delaying tactic. Well, I think Americans all across this country want more of those types of delaying tactics to slow down this runaway train of massive Federal spending. Every dollar we spend from today all the way through the end of this year is borrowed money. We don't have that money. We need to control what we're spending.

Voted YES on providing a US House seat for the District of Columbia.

The District of Columbia shall be considered a Congressional district for purposes of representation in the House of Representatives.

DC shall not be considered a State for purposes of representation in the US Senate.

Reapportionment [census-based House seats] shall apply with respect to DC in the same manner as it applies to a State, except that DC may not receive more than one Member.

Effective with the 112th Congress, the House of Representatives shall be composed of 437 Members, including the Member representing DC.

The State of Utah is entitled to one additional Representative pursuant to this reapportionment.

Proponent's argument to vote Yes:Sen. ORRIN HATCH (R-UT): I am cosponsoring the legislation to provide a House seat for DC and an additional House seat for Utah. Representation and suffrage are so central to the American system of self-government that
America's founders warned that limiting suffrage would risk another revolution and could prevent ratification of the Constitution. The Supreme Court held in 1820 that Congress' legislative authority over DC allows taxation of DC. Do opponents of giving DC a House seat believe that DC is suitable for taxation but not for representation?

Opponent's argument to vote No:Sen. JOHN McCAIN (R-AZ): I make a constitutional point of order against this bill on the grounds that it violates article I, section 2, of the Constitution. I appreciate the frustration felt by the residents of DC at the absence of a vote in Congress. According to many experts, DC is not a State, so therefore is not entitled to that representation. Also, one has to raise the obvious question: If DC is entitled to a Representative, why isn't Puerto Rico, which would probably entail 9 or 10 Members of Congress? [With regards to the seat for Utah], this is obviously partisan horse-trading.

Voted YES on granting the District of Columbia a seat in Congress.

Considers D.C. a congressional district for purposes of representation in the House.

D.C. shall not be considered a state for representation in the Senate.

Limits D.C. to one Member under any reapportionment.

Increases membership of the House from 435 to 437.

Entitles Utah to one additional Representative until the next census, and modifies the reapportionment formula thereafter.

[Washington DC currently has a "delegate" to the US House, whose vote does not count. Utah had complained that the 2000 census did not count many Utahns on Mormon missions abroad].

Opponents recommend voting NO because:

Sen. BYRD: In 1978, I voted for H.J. Res. 554, that proposed amending the Constitution to provide for representation of D.C. [That amendment passed the Senate but was not ratified by the States]. While I recognize that others believe that the Constitution authorizes the
Congress to "exercise exclusive legislation" over D.C., the historical intent of the Founders on this point is unclear. I oppose S.1257, because I doubt that our Nation's Founding Fathers ever intended that the Congress should be able to change the text of the Constitution by passing a simple bill.

Proponents support voting YES because:

Sen. HATCH. There are conservative and liberal advocates on both sides of this issue,and think most people know Utah was not treated fairly after the last census. For those who are so sure this is unconstitutional, [we include an] expedited provision that will get us to the Supreme Court to make an appropriate decision. It will never pass as a constitutional amendment. There are 600,000 people in D.C., never contemplated by the Founders of this country to be without the right to vote. They are the only people in this country who do not have a right to vote for their own representative in the House. This bill would remedy that situation.

Voted NO on requiring photo ID to vote in federal elections.

Vote on Dole Amdt. S.2350, amending SP2350 (via the College Cost Reduction Act): To amend the Help America Vote Act of 2002 to require individuals voting in person to present photo identification.

Proponents support voting YES because:

Sen. DOLE. I am proposing a commonsense measure to uphold the integrity of Federal elections. My amendment to require voters to show photo identification at the polls would go a long way in minimizing potential for voter fraud. When a fraudulent vote is cast and counted, the vote of a legitimate voter is cancelled. This is wrong, and my amendment would help ensure that one of the hallmarks of our democracy, our free and fair elections, is protected. Opinion polls repeatedly confirm that Americans overwhelmingly support this initiative.

Opponents recommend voting NO because:

Sen. FEINSTEIN. If one would want to suppress the vote in the 2008 election, one would vote for this because this measure goes into effect January 1, 2008. It provides that everybody who votes essentially would have to have a photo ID. If you want to suppress the minority vote, the elderly vote, the poor vote, this is exactly the way to do it. Many of these people do not have driver's licenses. This amendment would cost hundreds of millions of dollars to actually carry out. It goes into effect--surprise--January 1, 2008 [to affect the presidential election]. I urge a "no" vote.

Prohibit voter intimidation in federal elections.

Makes it unlawful for anyone before or during a federal election to knowingly communicate false election-related information about that election, with the intent to prevent another person from exercising the right to vote. Increases from one year to five years' imprisonment the criminal penalty for intimidation of voters.

Introductory statement by Sponsor:

Sen. OBAMA: This bill seeks to address the all-too-common efforts to deceive voters in order to keep them away from the polls. It's hard to imagine that we even need a bill like this. But, unfortunately, there are people who will stop at nothing to try to deceive voters and keep them away from the polls. What's worse, these practices often target and exploit vulnerable populations, such as minorities, the disabled, or the poor. We saw countless examples in this past election.

Some of us remember the thousands of Latino voters in Orange County, California, who received letters warning them in
Spanish that, "if you are an immigrant, voting in a federal election is a crime that can result in incarceration."

Or the voters in Virginia who received calls from a so-called "Virginia Elections Commission" informing them--falsely--that they were ineligible to vote.

Or the voters who were told that they couldn't vote if they had family members who had been convicted of a crime.

Of course, these so-called warnings have no basis in fact, and are made with only one goal in mind--to keep Americans away from the polls. We see these problems election after election, and my hope is that this bill will finally stop these practices. This bill makes voter intimidation & deception punishable by law, and it contains strong penalties. The bill also seeks to address the real harm of these crimes--people who are prevented from voting by misinformation--by establishing a process for reaching out to these misinformed voters with accurate information so they can cast their votes in time.

Require full disclosure of independent campaign expenditures.

Whitehouse co-sponsored DISCLOSE Act

Congressional Summary:

Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2012 or DISCLOSE Act:

Amends the Federal Election Campaign Act of 1971 (FECA) to add to the definition of "independent expenditure" an expenditure by a person that expressly advocates the election or defeat of a clearly identified candidate, or takes a position on a candidates, qualifications, or fitness for office.

Expands the period during which certain communications are treated as electioneering communications.

Prescribes disclosure requirements for corporations, labor organizations, and certain other entities, including a political committee with an account established for the purpose of accepting donations or contributions that do not comply with the contribution limits or source prohibitions under FECA (but only with respect to such accounts).

Repeals the prohibition against political contributions by individuals age 17 or younger.

Wikipedia & OnTheIssue Summary:

On January 21, 2010, the Supreme Court, in Citizens United v. Federal Election Commission, ruled that prohibiting corporations and unions from making independent expenditures in political campaigns was unconstitutional. This ruling is frequently described as permitting corporations and unions to donate to political campaigns, but these claims are incorrect. The ruling did remove the previous ban on corporations and organizations using their funds for direct advocacy, including endorsing for or against specific candidates, actions that were previously prohibited.

The result of Citizens United was that "Super PACs" spent millions on TV ads in the 2012 election, advocating both issues and candidates. The DISCLOSE Act attempts to reduce the negative effect of Citizens United by requiring disclosure of independent expenditures made by advocacy groups.

No photo IDs to vote; they suppress the vote.

Whitehouse signed Voting Rights Amendment Act

Congressional Summary:Amends the Voting Rights Act of 1965 with respect to the requirement that a federal court retain jurisdiction for an appropriate period to prevent commencement of new devices to deny or abridge the right to vote. Expands the types of violations triggering the authority of a court to retain such jurisdiction to include certain violations of the Act as well as violations of any federal voting rights law that prohibits discrimination on the basis of race, color, or membership in a language minority group. [This bill would ban requiring photo IDs in order to vote].

Opponents recommend voting NO because:Sen. Bob Dole (on related bill from 2007, whether to add an amendment allowing photo ID): I am proposing a commonsense measure to uphold the integrity of Federal elections. My amendment to require voters to show photo identification at the polls would go a long way in minimizing potential for voter fraud. When a fraudulent vote is cast
and counted, the vote of a legitimate voter is cancelled. This is wrong, and my amendment would help ensure that one of the hallmarks of our democracy, our free and fair elections, is protected. Opinion polls repeatedly confirm that Americans overwhelmingly support this initiative.Proponents support voting YES because:Sen. Dianne Feinstein (on related bill from 2007): If one would want to suppress the vote in the 2008 election, one would vote [for Dole's amendment] this because this measure goes into effect January 1, 2008. It provides that everybody who votes essentially would have to have a photo ID. If you want to suppress the minority vote, the elderly vote, the poor vote, this is exactly the way to do it. Many of these people do not have driver's licenses. This amendment would cost hundreds of millions of dollars to actually carry out. It goes into effect--surprise--January 1, 2008 [to affect the presidential election]. I urge a "no" vote.

Matching fund for small donors, with debate requirements.

500% matching payments to candidates for certain small dollar contributions;

a public debate requirement;

establishment of the Fair Elections Fund and of a Fair Elections Oversight Board;

remission to the Fair Elections Fund of unspent funds after an election civil penalties for violation of contribution and expenditure requirements;

Requires all designations, statements, and reports required to be filed under FECA to be filed directly with the FEC in electronic form accessible by computers.

Statement of support for corresponding Senate bill: (Sunlight Foundation) Now we bring you the Senate Campaign Disclosure Parity Act, a bill that should probably be the least controversial of all. S. 375 would simply require senators and Senate candidates to file their public campaign finance disclosure reports electronically with the Federal Election Commission,
the way House candidates and presidential candidates have been filing for over a decade. A version of the bill has been introduced during every congress starting in 2003 (!) yet it has been blocked repeatedly, a victim of political football.

Sen. Jon Tester, D-Mont., has introduced the most recent version, which would ensure that paper Senate campaign finance reports are a thing of the past. But even with 50 bipartisan cosponsors, the bill faces an uphill battle. Minority Leader Mitch McConnell, R-Ky, has repeatedly prevented the bill from coming to the Senate floor. We won't be deterred--as long as McConnell continues to block the bill, we'll continue to highlight that his intransigence results in delayed disclosure of vital, public campaign finance information, not to mention wasting $500,000 in taxpayer money annually. Eventually, we'll win.

Prohibit 'voter caging' which intimidates minority voting.

Rep. CONYERS: "Since the late 1950's, the pernicious practice of 'voter caging' has been used to discourage or prevent eligible voters from casting their vote. Recent elections have shown that caging tactics are not outdated, and in fact, have disenfranchised voters in recent midterm and Presidential elections. While caging efforts have traditionally been directed at minority communities, all voters are susceptible to these attempts at voter intimidation and suppression.

"The undemocratic practice of voter caging involves sending mail to voters at the addresses at which they are registered to vote. Should such mail be returned as undeliverable or without a return receipt, the voter's name is placed on a 'caging list.' These caging lists are then used to challenge a voter's registration or eligibility.

"In my home State of Michigan, I have seen firsthand how caging efforts are used to harass, bully, and ultimately disenfranchise, eligible voters. With a
Michigan lawmaker advocating 'suppress the Detroit vote,' I cannot help but think that is synonymous with 'suppress the Black vote' as Detroit is 83% African American. These voter suppression campaigns always seem to target our most vulnerable voters--racial minorities, low-income people, homeless people, and college students.

"Caging tactics meant to suppress the vote do more than impede the right to vote. They threaten to erode the very core of our democracy. By eliminating barriers to the polls, we can help restore what has been missing from our elections--fairness, honesty, and integrity."

S.2305: PROHIBITION ON VOTER CAGING: No State or local election official shall prevent an individual from registering or voting in any election for Federal office, or challenge an individual's registration status or eligibility to vote, if the sole basis for such decision or challenge is evidence consisting of a voter caging document or voter caging list; or an unverified match list.